The EB-3 visa application process is something every candidate needs to fully understand before starting, since it is a multi-stage journey spanning many years. Correctly understanding the order of the steps helps you know where you stand and what to prepare next. This article clearly walks through all five stages.
Each stage is handled by a different agency and has its own timeline. Understanding the overall picture helps you avoid confusion as the process drags on.
What stages make up the EB-3 visa application process
The entire process can be divided into five successive stages: determining the prevailing wage, PERM labor certification, filing the I-140 petition, waiting for the priority date, and the final step of applying for a green card. According to U.S. Citizenship and Immigration Services (USCIS), no stage may be skipped.
The key point to remember: the first three stages are actively carried out by the employer, while the last two stages depend heavily on the visa bulletin schedule and the candidate’s residency status. This division helps you understand each party’s role.
Stages 1 and 2: Wage determination and labor certification
The first stage is determining the Prevailing Wage. The U.S. Department of Labor sets the minimum wage for the position, ensuring it is not lower than the local going rate for similar work.
Next is PERM labor certification. According to U.S. Department of Labor (DOL), the employer must advertise the position and prove that no qualified US worker can be found. These are two foundational stages, and also the point where the entire process is most likely to run long.
Stages 3 and 4: The I-140 petition and priority date
After obtaining labor certification, the employer files the I-140 petition with USCIS. This petition confirms that the employment relationship is genuine and that the employer can afford the committed wage.
Once the petition is approved, the candidate enters the priority date waiting stage. This is when you track the monthly visa bulletin until your turn comes. The wait time depends on the country and subcategory, and is the hardest-to-predict factor in the entire process.
Stage 5: Applying for the green card
When the priority date becomes current, the candidate enters the final stage. There are two paths depending on where the candidate is. If lawfully present in the United States, the candidate files for adjustment of status. If in Vietnam, the case is processed through consular processing.
Both paths include a medical exam and an interview. At the end of this stage, the candidate and family receive their green cards, officially becoming permanent residents. This is the destination of the entire journey.
Summary
The EB-3 visa application process consists of five successive stages, from wage determination to holding the green card in hand. The first three stages are actively driven by the employer, while the last two depend on the visa bulletin schedule. You should understand this order well to prepare mentally and financially for a journey that spans many years.
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References
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Department of Labor (DOL) – https://flag.dol.gov/programs/perm
Read more: Overview of the EB-3 visa for US immigration · What industries does EB-3 work in? The most common jobs
